Trust Attorney for Trustee – Trustee Attorney Fees
As Trustee for a Trust do I need an Attorney
A trust is a legal document that will control the distribution of assets to beneficiaries. The purpose of a trust is to ensure that assets go as the trust creator intended. Trusts can avoid the expense and uncertainty of a probate proceeding and proving a will.
When is an Estate Attorney Necessary?
HESS-VERDON – #1 SOUTHERN CALIFORNIA TRUST & ESTATE LAW FIRM
Trustee Attorney Fees
First of all, as a trustee, you have the legal obligation to protect the trust. That said, you also have the right to use the trust assets to protect the trustee from unwarranted claims of breach of fiduciary duty. Now, when one searches based on attorney fees, it may be a complete downfall. You see, you need to ask the pertinent questions to the trust attorney whether they have years of experience in your type of legal matter. Not all trust attorneys are the same. Overall, trust attorneys care about their clientele; however, determining how deep court their court experience is will be the determining factor.
Now, fees typically range from the mid-four-hundreds to up to a thousand dollars per hour. Why such a broad range? Well, the best attorneys who have decades of experience will typically charge more due to the breadth of knowledge.
Key takeaway: Interview more than one attorney! Start today with our Hess-Verdon attorneys. Over 30+ years of litigation experience.
What is a Trust?
A trust is a legal document that will control the distribution of assets to beneficiaries. To have an estate attorney is essential and crucial, especially should blended families, businesses, etc.. will be part of a Trust. The purpose of a trust is to ensure that assets go as the trust creator intended. Trusts can avoid the expense and uncertainty by listing out the trustor’s wishes based on an expert legal opinion.
Why Do I Need an Estate Lawyer for a Trust?
A successful trust requires clear terms and specific instructions. The trustee should follow the terms in the Trust, and vague wording can confuse. An experienced trust and estate attorney can create a trust document that accurately expresses the goals of the Trust. Legal assistance will avoid disputes and difficulties when the terms are not transparent or not workable. Trustees can benefit substantially from the advice and assistance of a skilled trust attorney.
Do You Need a Lawyer to Execute a Trust?
Many people interested in protecting their wealth or carefully directing its distribution ask whether the process requires legal representation. In simple terms, do you need a lawyer to execute a trust? The answer for most people is a definite yes; you do need an attorney.
The reason is simple. Most people do not have experience as trustees and do not know the steps and actions. The role of a trustee involves more than the distribution of trust assets to beneficiaries. A trustee should manage bills, expenses, taxes, and work to carry out the trust instructions.
Trustees with prior experience may have a greater understanding of the demands of the role than newcomers. Some tasks may be technical and time-intensive. The attorney can help by directing trustee efforts to the more critical tasks and ensuring that the process flows as required by law.
When Do I Need a Lawyer for a Trust?
Most trusts begin with the creator as the initial trustee. The need for legal assistance begins when the Trust passes to the substitute trustee. Nearly every new or experienced trustee will benefit from regular trust administration discussions with a seasoned trust attorney.
Some trusts carry high risks of beneficiary conflicts, disagreements over financial decisions, and complex transactions. Trusts that involve property located outside of California may require filings and appearances in those states. Such technical situations add urgency to the current need for legal assistance.
How Long Does a Trustee Have to Distribute Assets?
There is no precise limit on the number of days for the distribution of assets by a trustee. The rules and doctrines that apply to other similar matters can apply. Trustees should anticipate making the distribution when the Trust is ready to move to that phase. Beneficiaries can use legal remedies to cure unreasonable delays, mistakes, and failure to follow the Trust’s terms.
Many beneficiaries seek faster action by a trustee. While there is no specific distribution deadline in California law, practical rules determine whether the distribution is timely. The law permits many factors when determining how long does a trustee has to distribute assets. Distributions may require more time when the trust assets are complex, involve real property, and subject to disputes or disagreements among the beneficiaries.
Some delays can be quite reasonable and undertaken to benefit the Trust. For example, some assets require detailed treatment, such as expert valuations, and are subject to market conditions. Trustees may believe it is best to wait or manage a sale in small pieces rather than a single large action. Delays that harm the beneficiaries or losses to the Trust can expose the trustee to legal liability. For example, if the trustee delays without reasonable cause, they may have to answer a legal action by a beneficiary demanding prompt action.
Distribution of Trust Assets to Beneficiaries
The trustee should follow the terms of the Trust and the rules set by California law. The Trust should perform specific administrative tasks before beginning to distribute the assets. The initial tasks include the below-listed items.
• Filing notice of Administration to all beneficiaries
• Filing tax returns
• Preparing an accounting of all trust assets
• Determining trust expenses
When making distributions, the trustee should follow the terms of the Trust. The trustee may hold the distribution of some part of the assets until they pay all expenses. Distribution issues can occur when there are two or more beneficiaries, and beneficiaries’ interests may conflict.
Getting Legal Help
The first meeting with the Trust & Estate attorney can be more productive if you have essential documents and information. When making the first appointment with an estate attorney, you should ask if the meeting requires any specific documents and information. Since the successor trustee should replace the initial trustee, you should have the trustee appointment document or death certificate. The typical initial conference might also include the below-described papers and information.
• An estate plan, living will, trust document, or power of attorney
• Recent bank statements and financial statements
• Details of any real property
Trustees of a California trust nearly always benefit from legal assistance by an experienced trust attorney. The Administration of a California trust can be technical, challenging, and time-consuming. Legal assistance can relieve burdens and promote a smooth and successful administration.
Trust Dispute Litigation Law Firm
About Hess-Verdon & Associates
Hess-Verdon & Associates is one of the leading California estate planning law firms involved in litigation regarding wills, trusts, and estates. Estate dispute litigation is one of our primary focuses and accounts for much of our work in court, and our track record in litigation is both extensive and impressive.
Our knowledgeable and aggressive courtroom representation is necessary to ensure family members, executors, trustees, beneficiaries, and others maintain the grantor’s wishes.
Learn more about our trust litigation team.
Meet The Team
California Trust & Probate Litigation Lawyers
Are you looking for an estate litigation attorney in your area? When it comes to the practice of Trust and estates, it can be difficult finding an attorney that’s experienced in handling your specific issues. Siblings contesting the trust?
- Can a Trustee sue on behalf of the trust
- Can a Trustee be held personally liable
- Can a Trustee remove a Beneficiary from a trust
- Settling a Trust After Death
- Being a Trustee of a Trust
Request a Case Review Today Call us at 949-706-7300Trustee Accounting Trust Law says that Trustee accounting is the Trustee's fiduciary duty to keep beneficiaries up-to-date about the "terms" of the Trust. This includes, but is not limited to, any instructions,...